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DECISION No

DECISION No. 1330/2003/QD-BGTVT OF MAY 12, 2003 ON THE SEAPORTS’ WATERS IN THE TERRITORY OF DA NANG CITY AND QUANG NAM PROVINCE, AND THE AREAS UNDER DA NANG PORT AUTHORITY’S RESPONSIBILITY

THE MINISTER OF COMMUNICATIONS

AND TRANSPORT

Pursuant to Article 58 of the June 30, 1990 Maritime Code of Vietnam;

Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;

Proceeding from the opinions of the People’s Committee of Da Nang city in Official Dispatch No. 2372/UB-VP of August 21, 2002;

Proceeding from the opinions of the People’s Committee of Quang Nam province in Official Dispatch No. 1065/UB-KTN of June 20, 2002;

At the proposals of the director of the Legal and Transport Department and the director of Vietnam National Maritime Bureau,

DECIDES:

Article 1.-

To announce the waters of the seaports in the territory of Da Nang city and Quang Nam province, including:

1. Waters in front of Da Nang, Lien Chieu, Nai Hien, K4D6 and Nguyen Van Troi wharves, the special-use wharves of Hai Van Cement Factory and PETEC Company, B-section wharf of Hai Son Repair Enterprise, Ky Ha port and waters of My Khe buoy dock;

2. Waters of maritime fairways and navigable channels, areas for pilot embarkation and disembarkation, quarantine, mooring and anchoring, transshipment and storm-sheltering in the seaports specified in Clause 1 of this Article;

3. Waters in front of wharves and other mooring, anchoring, transshipping and storm-sheltering areas shall be announced according to the provisions of law.

Article 2.-

The waters of the seaports in the territory of Da Nang city and Quang Nam province are measured at the highest tide level and specified as follows:

1. The limits of the waters of the seaports in the territory of Da Nang city:

a/ In Da Nang area, they include Da Nang, Lien Chieu, Nai Hien, K4D6 and Nguyen Van Troi wharves, the special-use wharves of Hai Van Cement Factory and PETEC Company, B-section wharf of Hai Son Repair Enterprise:

- Seaward limits: are delimited by a straight line linking point DN1 and point DN2 of the following coordinates:

+ DN1: 16o12’36" N; 108o12’06" E (the southern edge of Son Cha islet).

+ DN2: 16o09’36" N; 108o14’42" E (the northwestern edge of Son Cha peninsula);

- Coastward limits: The whole waters of Da Nang bay, delimited from point DN2, running along the coastline of Da Nang bay to Son Tra peninsula’s western side, crossing Han river estuary, further running along the coastline to the west of Da Nang bay, stretching through Nam O cape to the north of Da Nang bay, reaching point DN3 of coordinates of 16o12’38" N; 108o11’25" E (the eastern edge of Hai Van mountain pass). Then, it is delimited by a straight line linking point DN3 with point DN4 of coordinates of 16o12’40" N; 108o11’44" E (the southwestern edge of Son Cha islet) and running along the coastline southwest of Son Cha islet to point DN1.

- Limits on Han river: Stretching from two brink points of Han river estuary (contiguous to the waters of Da Nang bay), running along two river banks upstream and the left side of the North-South dam to the boundary of the safety corridor downstream Nguyen Van Troi bridge.

b/ The area of My Khe buoy dock:

- Seaward limit: is delimited by straight lines linking points MK1, MK2 and MK3 of the following coordinates:

+ MK1: 16o03’00" N; 108o14’40" E;

+ MK2: 16o03’00" N; 108o18’00" E;

+ MK3: 16o05’45" N; 108o18’00" E.

- Coastward limit: is delimited from point MK3, running along the southwestern coast of Son Cha peninsula to point MK1.

2. The limits of the waters of Ky Ha seaport in the territory of Quang Nam province:

- Seaward limit: is delimited by straight lines linking points KH1, KH2, KH3 and KH4 of the following coordinates:

+ KH1: 15o31’00" N; 108o40’00" E;

+ KH2: 15o31’00" N; 108o42’18" E;

+ KH3: 15o28’54" N; 108o42’18" E;

+ KH4: 15o28’54" N; 108o41’12" E.

- Coastward limit: is delimited from point KH4, running along the coast northwestward, crossing Truong Giang river estuary (Lo estuary) and further running along the coastline through An Hoa cape westward to point KH1.

- Limit on Truong Giang river: Stretching from two brink points of Truong Giang river estuary (Lo estuary), running along two river banks upstream, crossing Dau Doi (Sam Rieng) rivulet estuary to the straight line cutting across the river and linking two points TG1 and TG2 of the following coordinates:

+ TG1: 15o29’24" N; 108o38’42" E;

+ TG2: 15o28’30" N; 108o38’42" E;

Article 3.-

The areas for pilot embarkation, disembarkation, mooring, anchoring, transshipment and storm-sheltering for ships and boats entering the seaports in the territory of Da Nang city and Quang Nam province are prescribed as follows:

1. In Da Nang city:

a/ The areas for pilot embarkation and disembarkation, and for quarantine: are waters delimited by a circumference with the radius of 1 nautical mile centered at the coordinates of 16o10’00" N; 108o11’00" E.

b/ The areas for mooring, anchoring, transshipment, storm-sheltering and other maritime services for vessels in the waters specified at Point a, Clause 1, Article 2 of this Decision.

2. The areas of My Khe buoy dock:

a/ The areas for pilot embarkation and disembarkation, and for quarantine: are waters delimited by a circumference with the radius of 1 nautical mile centered at the coordinates of 16o04’00" N; 108o17’00" E.

b/ The areas for mooring, anchoring, transshipment, storm-sheltering and other maritime services for vessels in the waters specified at Point b, Clause 1, Article 2 of this Decision.

3. The areas of Ky Ha port:

a/ The areas for pilot embarkation and disembarkation, and for quarantine: are waters delimited by a circumference with the radius of 0.5 nautical mile centered at the coordinates of 15o29’30" N; 108o41’42" E.

b/ The areas for mooring, anchoring, transshipment, storm-sheltering and other maritime services for vessels in the waters of Ky Ha port specified in Clause 2, Article 2 of this Decision.

Article 4.-

1. Da Nang Port Authority shall have to perform its tasks and exercise its powers according to the provisions of Vietnam Maritime Code and relevant legal documents regarding all maritime activities in the waters of the seaports in the territory of Da Nang city and Quang Nam province.

2. Da Nang Port Authority shall base itself on the practical conditions of weather, wind, waves, draught and tonnage of vessels, to determine specific positions for moorage, anchorage, transshipment and/or storm-sheltering by vessels in the waters specified at Point b, Clauses 1, 2 and 3, Article 3 of this Decision, thus ensuring maritime safety and environmental sanitation.

Article 5.-

Apart from the waters specified in Articles 2 and 3 of this Decision, Da Nang Port Authority shall have to exercise the State management over maritime order and safety in the seawaters within the territories of Da Nang city and Quang Nam province.

Article 6.-

This Decision takes effect 15 days after its publication in the Official Gazette and replaces the Communications and Transport Minister’s Decision No. 1600/PC-VT of August 12, 1993 on the waters of Da Nang port and areas under the responsibility of Da Nang Port Authority, and previous stipulations contrary to this Decision.

Article 7.-

The director of the Ministry’s Office, the directors of the Departments under the Ministry, the director of Vietnam National Maritime Bureau, the director of Vietnam Riverway Administration, the director of the Communications and Transport Service of Da Nang city, the director of the Communications and Transport Service of Quang Nam province, the director of Da Nang Port Authority and the heads of the concerned agencies, organizations and individuals shall have to implement this Decision.

For the Minister of Communications and Transport

Vice Minister

PHAM THE MINH